how can the attorney general be removed

by Conor Frami 4 min read

Could an attorney general be removed just like a president?

Thu Jan-18-07 01:47 PM. Response to Original message. 5. He can be impeached as he was appointed by the President. The office of Attorney General is considered a "civil officer of government"..appointed by the President, in a cabinet level office, …

Is the Attorney General a civil or criminal officer?

Impeaching Merrick Brian Garland, Attorney General of the United States, for civil and constitutional rights violations. Resolved, that Merrick Brian Garland, Attorney General of the United States, is impeached for civil and constitutional rights violations. In his conduct while Attorney General of the United States—and in violation of his constitutional oath faithfully to …

Can the Attorney General be impeached?

In the case of Impeachment & Removal, it is the Senate that sits as the Jury. Therefore, to Impeach an Attorney General one would only need to introduce and pass Articles of Impeachment in the House and to Remove one would only need to survive a full trial in the Senate and achieve a two thirds majority (presently 67 Senators).

Will Congress consider removing Attorney General William Barr?

Aug 27, 2009 · The attorney general serves at the pleasure of the president, and the president can determine that a prosecution would undermine the national security—a subject …

Can we impeach the Attorney General?

Attorneys General. While impeachment proceedings against cabinet secretaries is an exceedingly rare event, no office has provoked the ire of the House of Representatives than that of Attorney General. During the first fifth of the 21st century, no less than three Attorneys General have been subjected to the process.

Who can fire the attorney general of the United States?

The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

How do you get rid of the Attorney General of the United States?

Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.Jul 26, 2017

Can the President remove appointed officials?

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause.

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Who is the current US Attorney General?

Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

Can the president fire inferior officers?

In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, 606 or one appointed with the consent of the Senate.

Who does the attorney general of New York report to?

The attorney general acts independently of the governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

What does the Constitution say about the President's removal power?

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

What officers can the president remove?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Can the president fire a member of an executive department or agency without the authority of the Senate?

Presidents enjoy broad discretion to fire cabinet secretaries and political appointees within the executive office. The president's freedom to dismiss directors of administrative agencies, however, is usually subject to terms set by Congress.

Can President fire cabinet members?

The members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v. United States (1926), or downgrade their Cabinet membership status.

Who appointed Newbold Morris as the Attorney General?

Attorney General J. Howard McGrath, a former governor of and senator from Rhode Island, appointed Newbold Morris as a special assistant attorney general in the Justice Department to investigate corruption.

Who can determine if a prosecution would undermine national security?

The attorney general serves at the pleasure of the president, and the president can determine that a prosecution would undermine the national security—a subject on which he has a wider perspective and a greater responsibility than the attorney general—and order that it not go forward.

Can the President fire the Attorney General?

The president can fire the attorney general. O bama administration spokesmen are portraying the president as unable to overrule Attorney General Eric Holder’s decision to have a special prosecutor determine whether to prosecute CIA interrogators who were cleared by Department of Justice career attorneys back in 2004.

What did the change in the law do to the Attorney General?

The change in the law undermined the confirmation authority of the Senate and gave the Attorney General greater appointment powers than the President, since the President's U.S. Attorney appointees are required to be confirmed by the Senate and those of the Attorney General did not require confirmation.

Who was the DOJ attorney general in 2006?

Attorney General Gonzales, in a confidential memorandum dated March 1, 2006, delegated authority to senior DOJ staff Monica Goodling and Kyle Sampson to hire and dismiss political appointees and some civil service positions.

Why are emails about the firing of attorneys lost?

White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."

What was the Inspector General Report on the 2008 firings?

On September 29, 2008 the Justice Department's Inspector General (IG) released a report on the matter that found most of the firings were politically motivated and improper.

What was the process used to fire the first seven attorneys and two others dismissed around the same time?

A subsequent report by the Justice Department Inspector General in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed" and "raised doubts about the integrity of Department prosecution decisions".

Why were some of the attorneys targeted for dismissal?

Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.

What did the IG report say about the firings?

The IG's report contained "substantial evidence" that party politics drove a number of the firings, and IG Glenn Fine said in a statement that Gonzales had "abdicated his responsibility to safeguard the integrity and independence of the department.".

Who is the special counsel for the FBI?

On Tuesday, Attorney General William Barr notified congress that on October 19, he appointed U.S. Attorney John Durham as a special counsel to investigate the origins of the FBI's probe into Russian ties to the Trump campaign during the 2016 presidential election.

Who is urging Biden to let Durham conduct his investigation?

Just as congressional Democrats pressured Trump and former Attorney General Jeff Sessions not to interfere with the Trump-Russia investigation, handled by special counsel Robert Mueller, congressional Republicans are urging Biden and Democrats to let Durham conduct his investigation.

When did Barr hire Durham?

Barr tapped Durham as early as May 2019 to begin investigating the genesis of the FBI's Trump-Russia probe and how federal intelligence committees reached their decisions and conclusions concerning Russia's alleged election interference and possible ties to the Trump campaign.

Does Escape close the window?

Escape will cancel and close the window. End of dialog window. On Tuesday, Attorney General William Barr notified congress that on October 19, he appointed U.S. Attorney John Durham as a special counsel to investigate the origins of the FBI's probe into Russian ties to the Trump campaign during the 2016 presidential election.

Was it illegal for the Obama administration to investigate him in the first place?

Trump has also claimed that it was illegal for the Obama administration to investigate him in the first place, claiming there was no basis for it. On Tuesday, Attorney General William Barr sent a letter to the the House and Senate Judiciary Committees announcing U.S. Attorney John Durham's October 19 appointment as special counsel ...

Can Biden remove Durham?

Newsweek subscription offers >. Special counsel, Durham can't be easily removed by the Biden Administration as only an attorney general can fire a special counsel. Any firing must be made in writing and carried out only for specific reasons like misconduct and conflict of interest. As a special counsel, Durham won't be directly supervised by ...